Dutch billionaire Tob Cohen’s widow Sarah Wairimu Cohen wants detectives who took over her Kitisuru matrimonial home six months ago ordered out.
On Friday, her lawyer Phillip Murgor told the court that the officers have delayed investigations into the case.
“The continued holding of her matrimonial property by the DCI is without lawful cause and there is no sufficient legal cause [for it],” Murgor said.
According to her counsel, Inspector Maxwell Otieno has stated that the home is still an active crime scene.
But Murgor claims that no investigations are being carried out at the multi-million shilling home as is alleged by the police.
“The home is fast dilapidating and is in a state of extreme neglect and disrepair, at risk of being completely wasted,” he says in court documents.
“The gardens are overgrown with weeds, the house has been invaded by bats, termites have infested its wood structures and fittings and the plaster on the walls is breaking off,” he said.
He also argued that the police have no reason to continue holding the accused person’s car and rottweilers, Major and Snow.
“The applicant is apprehensive that her pet dogs shall die and that her home and vehicles shall be completely destroyed if held by the respondents until the hearing scheduled for July 6 and 9 and July 13 and 16,” he continued.
Ms Cohen further questioned the recovery of her late husband’s body at their home. The former Philips boss went missing between July 19 and 20, 2019.
Murgor says that the DCI detectives proceeded to the Kitisuru home without a search warrant which led to the mysterious recovery of Cohen’s remains after close to three months.
“The circumstances surrounding the purported search and recovery were highly suspicious for reasons that DCI boss George Kinoti was present and prematurely announced to the press that he had found the body before the same was retrieved and identified,” he said in court documents.
Last week, Ms Cohen successfully had DCI George Kinoti and DPP Noordin Haji removed from the succession case.
The court ruled that the two parties were not dependants of the late Dutch businessman.
She accused Kinoti of refusing to investigate the authenticity of her late husband’s will.
“We want the DCI to withdraw himself from investigating this case because together with his team, they have refused to investigate the forgery of the Will,” Murgor argued.
Cohen’s widow also claimed that Kinoti has a liking for the Cohen family hence presenting bias in his investigations.
“Neither the DPP nor the DCI has any legal mandate to deal with personal property rights nor succession matter involving private citizens, for this reason, both offices need to seek independent guidance from AG who, so far, has remained suitably removed from the controversial actions by the DCI and his officers,” Murgor said.